nuru saidi vs msham abdallamani 2018 tzhclandd 14 19 february 2018
The lower tribunals failed to properly evaluate the evidence, including ownership history and witness testimony, resulting in a wrong decision.
- Citation
- nuru saidi vs msham abdallamani 2018 tzhclandd 14 19 february 2018
- Parties
- Appellant: Nuru Saidi; Respondent: Mshamu Abdallamani
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 19 February 2018
- Procedural Posture
- Land Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Trespass, Evidence Evaluation, Ownership Dispute
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Parties
Nuru Saidi
Appellant
Mshamu Abdallamani
Respondent
Procedural Posture
Land Appeal / Second Appeal
Legal Issues
- 1 Whether the lower tribunals properly evaluated the evidence regarding ownership and trespass
- 2 Whether the respondent was a trespasser to the disputed land
Ratio Decidendi
The lower tribunals failed to properly evaluate the evidence, including ownership history and witness testimony, resulting in a wrong decision.
Court Disposition
appeal allowed
Orders
- Judgment and proceedings of both tribunals quashed and set aside.
- Appeal allowed with costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment